Title 11

NRS 125E.060 “Extended family member” defined. “Extended family member” has the meaning given that term by the law or custom of an Indian child’s tribe or, if that meaning cannot be determined, means a person who has attained 18 years of age and who is the Indian child’s grandpar…

NRS 125E.070 “Indian” defined. “Indian” means a person who is a member of an Indian tribe or who is an Alaska Native and a member of a regional corporation as defined in section 7 of the Alaska Native Claims Settlement Act, 43 U.S.C. § 1606. (Added to NRS by 2023, 2233)

NRS 125E.080 “Indian child” defined. “Indian child” means any unmarried person who has not attained 18 years of age and is: 1. A member or citizen of an Indian tribe; or 2. Eligible for membership or citizenship in an Indian tribe and is the biological child of a member of an Ind…

NRS 125E.090 “Indian custodian” defined. “Indian custodian” means an Indian, other than the Indian child’s parent, who has custody, as described in subsection 1 of NRS 125E.180, of the Indian child, or to whom temporary physical care, custody and control has been transferred by t…

NRS 125E.100 “Indian tribe” or “tribe” defined. “Indian tribe” or “tribe” means any Indian tribe, band, nation or other organized group or community of Indians federally recognized as eligible for the services provided to Indians by the United States Secretary of the Interior bec…

NRS 125E.110 “Juvenile court” defined. “Juvenile court” has the meaning ascribed to it in NRS 62A.180. (Added to NRS by 2023, 2234)

NRS 125E.120 “Member” or “membership” defined. “Member” or “membership” means a determination by an Indian tribe that a person is a member or citizen in that Indian tribe. (Added to NRS by 2023, 2234)

NRS 125E.130 “Parent” defined. “Parent” means: 1. A biological parent of an Indian child; 2. An Indian who has lawfully adopted an Indian child, including adoptions made under tribal law or custom; or 3. A person who has established a parent and child relationship with an Indian …

NRS 125E.140 “Party” defined. “Party” means a party to a proceeding. (Added to NRS by 2023, 2234)

NRS 125E.150 “Reservation” defined. “Reservation” means Indian country as defined in 18 U.S.C. § 1151 and any lands not covered under that section, the title to which is held by the United States in trust for the benefit of an Indian tribe or person or held by an Indian tribe or …

NRS 125E.160 “Tribal court” defined. “Tribal court” means a court with jurisdiction over child custody proceedings involving an Indian child that is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe or any other admini…

NRS 125E.170 Legislative findings and declaration. 1. The Legislature hereby finds that the United States Congress recognizes the special legal status of Indian tribes and their members. It is the policy of this State to protect the health and safety of Indian children and the st…

NRS 125E.180 When person has custody of Indian child. 1. A person has custody of an Indian child under this chapter if the person has physical custody or legal custody of the Indian child under any applicable tribal law, tribal custom or state law. 2. An Indian child’s parent has…

NRS 125E.190 Domicile of Indian child and other persons. For purposes of this chapter: 1. A person’s domicile is the place the person regards as home, where the person intends to remain or to which, if absent, the person intends to return. 2. An Indian child’s domicile is, in ord…

NRS 125E.200 Determination of whether there is reason to know child is Indian child. Notwithstanding any other provision of law and in addition to any other requirements, in any child custody proceeding: 1. Each petitioner and every other person otherwise required by the court or…

NRS 125E.210 Good faith effort required to determine whether there is reason to know child is Indian child; circumstances in which court or person has reason to know child is Indian child; written findings regarding satisfaction of inquiry requirements; requirements when evidence…

NRS 125E.220 Notice in emergency and child custody proceedings; recipients of notice; language access services; hearing. 1. In an emergency proceeding, the person taking a child into protective custody must make a good faith effort to determine whether there is reason to know tha…

NRS 125E.230 Court to consider certain factors when making determination regarding best interest of Indian child. In a child custody proceeding involving an Indian child, when making a determination regarding the best interest of the child in accordance with this chapter and chap…

NRS 125E.240 Determination of Indian child’s tribe; participation of more than one tribe in child custody proceeding. 1. In a child custody proceeding in which an Indian child is alleged to be within the jurisdiction of the court, the Indian child’s tribe is: (a) If the Indian ch…

NRS 125E.250 Determination of Indian child’s residence and domicile and whether Indian child is ward of tribal court. In any child custody proceeding involving an Indian child that is based on allegations that the Indian child is within the jurisdiction of the court, the court mu…

NRS 125E.260 Appropriate agency to assist with enrolling eligible Indian child in tribe; right of Indian child’s parents to object; provision of notice. 1. Unless an Indian child’s parent objects, the appropriate agency shall provide assistance with enrolling an Indian child with…

NRS 125E.270 Court’s jurisdiction concurrent with Indian child’s tribe; exceptions. 1. Except as otherwise provided in this section, the court’s jurisdiction in a child custody proceeding involving an Indian child is concurrent with the Indian child’s tribe. 2. The tribe has excl…

NRS 125E.280 Transfer of child custody proceeding to tribal court. 1. Except as otherwise provided in subsection 4, the court shall transfer a child custody proceeding involving an Indian child if, at any time during the proceeding, the Indian child’s parent, Indian custodian or …

NRS 125E.290 Duties of court after grant of transfer of child custody proceeding to tribal court. Upon granting a transfer motion under NRS 125E.280, the court shall expeditiously: 1. Notify the tribal court of the pending dismissal of the child custody proceeding; 2. Transfer al…

NRS 125E.300 Active efforts. 1. If a child in a child custody proceeding is an Indian child and active efforts are required, the court must determine whether active efforts have been made to prevent the breakup of the family or to reunite the family. 2. Active efforts require a h…

NRS 125E.310 Representation of parties. 1. Notwithstanding the provisions of NRS 7.285, a tribe that is a party to a child custody proceeding involving an Indian child may be represented by any person, regardless of whether the person is licensed to practice law. 2. An attorney w…

NRS 125E.320 Appointment of counsel; inspection and copying of records. 1. If a child in a child custody proceeding is an Indian child: (a) The court shall appoint counsel to represent the Indian child. (b) If the Indian child’s parent or Indian custodian requests counsel to repr…

NRS 125E.330 Qualified expert witnesses; supplemental testimony from certain professionals. 1. In any child custody proceeding involving an Indian child that requires the testimony of a qualified expert witness, the petitioner shall contact the Indian child’s tribe and request th…

NRS 125E.340 Examination of certain reports and documents. 1. In any child custody proceeding, if the child is an Indian child, each party has the right to timely examine all reports or other documents held by an agency that are not otherwise subject to a discovery exception or p…

NRS 125E.350 Placement of Indian child. 1. Except as otherwise provided in subsection 3, if the parental rights of an Indian child’s parents have not been terminated and the Indian child is in need of placement or continuation in substitute care, the child must be placed in the l…

NRS 125E.360 Vacating order or judgment involving Indian child regarding jurisdiction, placement, guardianship or termination of parental rights. 1. A petition to vacate an order or a judgment involving an Indian child regarding jurisdiction, placement, guardianship or the termin…

NRS 125E.370 Tribal-state agreements. 1. Agencies shall make a good faith effort to enter into a tribal-state agreement with any Indian tribe within the borders of this State. Agencies may also enter into a tribal-state agreement with any Indian tribe outside of this State having…